The
Hearing topic is the Pima County Republican Party's Motion for Judgment on the Pleadings. The lawsuit is Beth Ford v. Democratic Party of Pima
County that also includes the Libertarian and Republican Parties and the
RTA. It is a Declaratory Judgment
action where Beth Ford, Pima County Treasurer and custodian of the RTA ballots,
has asked the court for "direction" as to whether she is required to destroy the
RTA ballots.

The Democratic Party
through their attorney Bill Risner, and the Libertarian Party,
will ask the judge to "stay" his order until we appeal his earlier decision
where he claimed that Arizona courts did not have subject matter jurisdiction to
consider allegations of fraud in any election. Basically, the only issue that will
be of interest is the decision on the stay question. The legal issue is extremely important
but would be moot if the ballots were destroyed.

What’s
At Stake

The
real issue is whether our courts have any role in guaranteeing honest
elections.

Judge Harrington ruled that
he is unable to consider that an election was rigged. The procedural ruling said
that the court did not have jurisdiction of the very subject. It was assumed for
the decision that the election was fraudulent and the result "rigged" to give a
false result. Nonetheless, the Judge said Arizona's courts could not hear or
consider such a case. He said that a voter has five days only to challenge an
election after the election canvass is approved. It is impossible to challenge
an election within five days because a challenge must allege specifics that
prove the outcome was actually different. Such evidence can never be
obtained.

If proof is obtained, like for instance a
sworn statement that the computer operator had been ordered to rig the election
and did so, the court is nonetheless powerless to consider it. That is an unacceptable
situation in a democracy, whether in Arizona or anywhere in the world. We want to appeal. An appellate court
needs to rule on this issue. We think it is clearly wrong. If correct, we want
it in writing from an appellate court that our courts are powerless to consider
fraudulent elections. That is the
issue. If the ballots are burned then a court of appeals could not consider the
case.

We are seeking
“prospective relief” so they cannot cheat in
the future. However, history tells
us there are many ways to cheat and if more ways are found we need to have the
courthouse doors open to right the wrong. This case is as fundamental as it
gets.

Add to this all the other
problems previously exposed, documented and yet not answered leaves the public
questioning whether our votes are being secured and accurately counted in Pima
County. The previous case in Judge
Miller’s court room proved that Pima Count’s voting system is “Fatally Flawed”. When counting and processing of the
ballots is concealed from the public, the only solution is transparency,
transparency and more transparency at all times, not election theater.

Yes, voting is a secret process; however counting and verifying our vote
must be a public process. That’s why the solution we are working towards is graphic scanning of
ballots as done in Humboldt County in California. Link: http://humtp.com/index.html

If
you’re confused about what going on please be with us at the Loft Theater on
Grant Road September 16th at 7pm. A documentary about this case and
you’ll be able to see with your on eyes that we are voting on a “Fatally Flawed”
voting system. For more information
go here: http://www.loftcinema.com/node/1146

AUDIT-AZ and EDA is a
nonpartisan organization whose mission is to restore public ownership and
oversight of elections, work to ensure the fundamental right of every American
citizen to vote, and to have each vote counted as intended in a secure,
transparent, impartial, and independently audited election
process.

Additional Background and links are in the
PDF file link provided at the top of this page.